Preview
FILED: ERIE INDEX NO. 806561/2014
COUNTY CLERK 0672472014)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/24/2014
STATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
P&T SUPPLY AND SERVICES, INC.,
914 Water Street, Watertown, NY 13601,
Index No.
Plaintiff,
SUMMONS
-against-
THE HANOVER INSURANCE COMPANY,
440 Lincoln Street, Worcester, MA 01653
MAN O’ TREES, INC.,
344 Sycamore Street, Buffalo, NY 14204,
Defendants.
To the above-named Defendant(s):
‘YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the plaintiff's attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint. Plaintiff designates Erie County as the place of trial. The basis of the venue is
location of project.
Dated: June 23, 2014 Jax
B. Bailey, Esq.
feats & Bailey, PLLC
Attormeys for Plaintiff
Office & P.O. Address
9650 Brewerton Road
P.O. Box 820
Brewerton, New York 13029
Telephone (315) 676-7314
Page 1 of 1
STATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
P&T SUPPLY AND SERVICES, INC.,
Index No.
Plaintiff,
COMPLAINT
-against-
THE HANOVER INSURANCE COMPANY
AND MAN O’TREES, INC.,
Defendants.
Plaintiff, P&T Supply and Services, Inc., by and through its attorneys, Sheats & Bailey,
PLLC, for its complaint against the defendants alleges as follows:
1 Plaintiff, P&T Supply and Services, Inc. (hereinafter “P&T Supply”), is and was
at all times material a corporation organized and existing pursuant to the laws of the State of
New York with its office and principal place of business in the County of Jefferson, State of New
York,
2. Upon information and belief, the defendant, The Hanover Insurance Company
(hereinafter “Hanover”), is and at all times has been a surety and/or insurance company engaged
in and doing business in the State of New York.
3 Upon information and belief, defendant, Man O’Trees, Inc. (hereinafter “Man
O’ Trees”), is a corporation organized and existing pursuant to the laws of the State of New York
with its office and principal place of business in the County of Erie, State of New York.
Page 1 of 5
AS AND FOR A FIRST CAUSE OF ACTION
4 Plaintiff and defendant, Man O’ Trees, entered into a contract whereby the
plaintiff agreed to provide certain labor and materials to Man O’Trees for a project known as
NYS OGS Project No. 43261-C, Collins Correctional Facility, Taylor Hollow Road, Route 62,
Collins, New York 14034 (hereinafter “project’”).
5 Upon information and belief, the defendant, Hanover, as surety, provided Man
O’Trees with a material and labor payment bond as required by the owner, State of New York,
and as required by Section 137 of the State Finance Law which bond, by its terms and effect,
inured to the benefit of subcontractors, suppliers and materialmen to Man O’ Trees as required by
Section 137 of the State Finance Law.
6. Pursuant to its contract with Man O’ Trees, plaintiff performed the terms and
conditions of its contract and remains entitled to be paid on said contract the sum of $7,575.05
together with interest thereon at the rate of 12% per annum pursuant to Section 756-b of the
General Business Law of the State of New York. Plaintiff has complied with all notice
provisions required in the aforesaid payment bond and as required by Section 137 of the State
Finance Law. Plaintiffis a beneficiary under the bond.
7 Notwithstanding plaintiff's due demand for payment, Man O’Trees has failed and
refused to pay unto plaintiff the sum of $7,575.05 together with interest thereon at the rate of
12% per annum pursuant to Section 756-b of the General Business Law of the State of New
York.
8 As a result of the aforesaid failure to pay, defendants, Man O” Trees and Hanover,
are indebted to plaintiff in the amount of $7,575.05 together with interest thereon at the rate of
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12% per annum pursuant to Section 756-b of the General Business Law of the State of New
York, plus attorneys’ fees as permitted by Section 137 of the State Finance Law of the State of
New York.
AS AND FOR A SECOND CAUSE OF ACTION
9. Plaintiff and defendant, Man O’ Trees, entered into a contract for good and
valuable consideration whereby plaintiff agreed to provide certain labor and materials for the
project.
10. Pursuant to the contract, plaintiff provided labor and materials for the project.
11. Plaintiff completed the work and Man O’ Trees, has refused to pay the plaintiff the
amount due and owing for said labor and materials.
12. The plaintiff has performed ali of the terms and conditions which were on its part
to be performed. Man O’Trees has breached the aforesaid contract by failing and refusing to pay
the plaintiff the sum of $7,575.05, together with interest thereon at the rate of 12% per annum
pursuant to Section 756-b of the General Business Law of the State of New York, and attorneys’
fees, and has otherwise breached the aforesaid contract.
13. As aresult of the aforesaid breaches, plaintiff has been damaged in the amount of
$7,575.05, together with interest thereon at the rate of 12% per annum pursuant to Section 756-b
of the General BusinessLaw of the State of New York, and attorneys’ fees.
AS AND FOR A THIRD CAUSE OF ACTION
14, At the special insistence and request of Man O’Trees, the plaintiff provided labor
and materials for incorporation into the project.
Page 3 of 5
15. As a result of the provision of said labor and materials, a sum became due and
owing to plaintiff.
16. Man O’ Trees has refused to pay plaintiff for the aforesaid labor and materials and
has thereby been unjustly enriched by the labor and materials provided by the plaintiff and owes
the plaintiff the sum of $7,575.05, together with interest thereon at the rate of 12% per annum
pursuant to Section 756-b of the General Business Law of the State of New York, and attorneys’
fees.
AS AND FOR A FOURTH CAUSE OF ACTION
17. The plaintiff provided Man O’Trees with certain labor and materials, which labor
and materials were accepted by said defendant.
18. Thereafter, plaintiff sent its invoices and statements. of account to Man O’ Trees,
which invoices and statements of account have been kept and retained without objection thereto.
19. The sum of money due to plaintiff on said invoices and statements of account
total $7,575.05, together with interest thereon at the rate of 12% per anhum pursuant to Section
756-b of the General Business Law of the State of New York, and attorneys’ fees.
20. As a result of the aforesaid, an account has been stated between plaintiff and Man
O’Trees in the amount of $7,575.05, together with interest thereon at the rate of 12% per annum
pursuant to Section 756-b of the General Business Law of the State of New York, and attorneys’
fees.
WHEREFORE, plaintiff, P&T Supply and Services, Inc., demands judgment as follows:
a on its first cause of action against the defendants, The Hanover Insurance
Company and Man O’ Trees, Inc., in the amount of $7,575.05 together with interest thereon at the
Page 4 of 5
rate of 12% per annum pursuant to Section 756-b of the General Business Law of the State of
New York, plus attorneys’ fees, as the Court may deem appropriate;
Q) on its second cause of action against the defendant, Man O’Trees, Inc., in the
amount of $7,575.05, together with interest thercon at the rate of 12% per annum pursuant to
Section 756-b of the General Business Law of the State of New York,
GB) on its third cause of action against the defendant, Man O’ Trees, Inc., in the
amount of $7,575.05, together with interest thereon at the rate of 12% per annum pursuant to
Section 756-b of the General Business Law of the State of New York,
@) on its fourth cause of action against the defendant, Man O’ Trees, Inc., in the
amount of $7,575.05, together with interest thereon at the rate of 12% per annum pursuant to
Section 756-b of the General Business Law of the State of New York; and
65) together with all costs and disbursements of this action and such other and further
relief as to the Court may deem just and proper;
Dated: June 23, 2014
mn B. Bailey, Fag,
eats & Bailey, PLLC
Attorneys for Plaintiff
9650 Brewerton Road
P.O. Box 820
Brewerton, New York 13029
Telephone (315) 676-7314
Page 5 of 5
Preview
FILED: ERIE INDEX NO. 806561/2014 COUNTY CLERK 0672472014) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/24/2014 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE P&T SUPPLY AND SERVICES, INC., 914 Water Street, Watertown, NY 13601, Index No. Plaintiff, SUMMONS -against- THE HANOVER INSURANCE COMPANY, 440 Lincoln Street, Worcester, MA 01653 MAN O’ TREES, INC., 344 Sycamore Street, Buffalo, NY 14204, Defendants. To the above-named Defendant(s): ‘YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiff designates Erie County as the place of trial. The basis of the venue is location of project. Dated: June 23, 2014 Jax B. Bailey, Esq. feats & Bailey, PLLC Attormeys for Plaintiff Office & P.O. Address 9650 Brewerton Road P.O. Box 820 Brewerton, New York 13029 Telephone (315) 676-7314 Page 1 of 1 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE P&T SUPPLY AND SERVICES, INC., Index No. Plaintiff, COMPLAINT -against- THE HANOVER INSURANCE COMPANY AND MAN O’TREES, INC., Defendants. Plaintiff, P&T Supply and Services, Inc., by and through its attorneys, Sheats & Bailey, PLLC, for its complaint against the defendants alleges as follows: 1 Plaintiff, P&T Supply and Services, Inc. (hereinafter “P&T Supply”), is and was at all times material a corporation organized and existing pursuant to the laws of the State of New York with its office and principal place of business in the County of Jefferson, State of New York, 2. Upon information and belief, the defendant, The Hanover Insurance Company (hereinafter “Hanover”), is and at all times has been a surety and/or insurance company engaged in and doing business in the State of New York. 3 Upon information and belief, defendant, Man O’Trees, Inc. (hereinafter “Man O’ Trees”), is a corporation organized and existing pursuant to the laws of the State of New York with its office and principal place of business in the County of Erie, State of New York. Page 1 of 5 AS AND FOR A FIRST CAUSE OF ACTION 4 Plaintiff and defendant, Man O’ Trees, entered into a contract whereby the plaintiff agreed to provide certain labor and materials to Man O’Trees for a project known as NYS OGS Project No. 43261-C, Collins Correctional Facility, Taylor Hollow Road, Route 62, Collins, New York 14034 (hereinafter “project’”). 5 Upon information and belief, the defendant, Hanover, as surety, provided Man O’Trees with a material and labor payment bond as required by the owner, State of New York, and as required by Section 137 of the State Finance Law which bond, by its terms and effect, inured to the benefit of subcontractors, suppliers and materialmen to Man O’ Trees as required by Section 137 of the State Finance Law. 6. Pursuant to its contract with Man O’ Trees, plaintiff performed the terms and conditions of its contract and remains entitled to be paid on said contract the sum of $7,575.05 together with interest thereon at the rate of 12% per annum pursuant to Section 756-b of the General Business Law of the State of New York. Plaintiff has complied with all notice provisions required in the aforesaid payment bond and as required by Section 137 of the State Finance Law. Plaintiffis a beneficiary under the bond. 7 Notwithstanding plaintiff's due demand for payment, Man O’Trees has failed and refused to pay unto plaintiff the sum of $7,575.05 together with interest thereon at the rate of 12% per annum pursuant to Section 756-b of the General Business Law of the State of New York. 8 As a result of the aforesaid failure to pay, defendants, Man O” Trees and Hanover, are indebted to plaintiff in the amount of $7,575.05 together with interest thereon at the rate of Page 2 of 5 12% per annum pursuant to Section 756-b of the General Business Law of the State of New York, plus attorneys’ fees as permitted by Section 137 of the State Finance Law of the State of New York. AS AND FOR A SECOND CAUSE OF ACTION 9. Plaintiff and defendant, Man O’ Trees, entered into a contract for good and valuable consideration whereby plaintiff agreed to provide certain labor and materials for the project. 10. Pursuant to the contract, plaintiff provided labor and materials for the project. 11. Plaintiff completed the work and Man O’ Trees, has refused to pay the plaintiff the amount due and owing for said labor and materials. 12. The plaintiff has performed ali of the terms and conditions which were on its part to be performed. Man O’Trees has breached the aforesaid contract by failing and refusing to pay the plaintiff the sum of $7,575.05, together with interest thereon at the rate of 12% per annum pursuant to Section 756-b of the General Business Law of the State of New York, and attorneys’ fees, and has otherwise breached the aforesaid contract. 13. As aresult of the aforesaid breaches, plaintiff has been damaged in the amount of $7,575.05, together with interest thereon at the rate of 12% per annum pursuant to Section 756-b of the General BusinessLaw of the State of New York, and attorneys’ fees. AS AND FOR A THIRD CAUSE OF ACTION 14, At the special insistence and request of Man O’Trees, the plaintiff provided labor and materials for incorporation into the project. Page 3 of 5 15. As a result of the provision of said labor and materials, a sum became due and owing to plaintiff. 16. Man O’ Trees has refused to pay plaintiff for the aforesaid labor and materials and has thereby been unjustly enriched by the labor and materials provided by the plaintiff and owes the plaintiff the sum of $7,575.05, together with interest thereon at the rate of 12% per annum pursuant to Section 756-b of the General Business Law of the State of New York, and attorneys’ fees. AS AND FOR A FOURTH CAUSE OF ACTION 17. The plaintiff provided Man O’Trees with certain labor and materials, which labor and materials were accepted by said defendant. 18. Thereafter, plaintiff sent its invoices and statements. of account to Man O’ Trees, which invoices and statements of account have been kept and retained without objection thereto. 19. The sum of money due to plaintiff on said invoices and statements of account total $7,575.05, together with interest thereon at the rate of 12% per anhum pursuant to Section 756-b of the General Business Law of the State of New York, and attorneys’ fees. 20. As a result of the aforesaid, an account has been stated between plaintiff and Man O’Trees in the amount of $7,575.05, together with interest thereon at the rate of 12% per annum pursuant to Section 756-b of the General Business Law of the State of New York, and attorneys’ fees. WHEREFORE, plaintiff, P&T Supply and Services, Inc., demands judgment as follows: a on its first cause of action against the defendants, The Hanover Insurance Company and Man O’ Trees, Inc., in the amount of $7,575.05 together with interest thereon at the Page 4 of 5 rate of 12% per annum pursuant to Section 756-b of the General Business Law of the State of New York, plus attorneys’ fees, as the Court may deem appropriate; Q) on its second cause of action against the defendant, Man O’Trees, Inc., in the amount of $7,575.05, together with interest thercon at the rate of 12% per annum pursuant to Section 756-b of the General Business Law of the State of New York, GB) on its third cause of action against the defendant, Man O’ Trees, Inc., in the amount of $7,575.05, together with interest thereon at the rate of 12% per annum pursuant to Section 756-b of the General Business Law of the State of New York, @) on its fourth cause of action against the defendant, Man O’ Trees, Inc., in the amount of $7,575.05, together with interest thereon at the rate of 12% per annum pursuant to Section 756-b of the General Business Law of the State of New York; and 65) together with all costs and disbursements of this action and such other and further relief as to the Court may deem just and proper; Dated: June 23, 2014 mn B. Bailey, Fag, eats & Bailey, PLLC Attorneys for Plaintiff 9650 Brewerton Road P.O. Box 820 Brewerton, New York 13029 Telephone (315) 676-7314 Page 5 of 5